Baer Featured On Bloomberg TV Discussing 2020 Antitrust Outlook

On January 18, 2022, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") jointly announced their intention to begin a sweeping rewrite of their merger guidelines...

On Friday, July 9, 2021, President Biden issued Executive Order (EO) 14036, "Promoting Competition in the American Economy".

The Federal Trade Commission and five State Attorneys General have reached a landmark settlement with Deere & Company in a year-and-a-half antitrust litigation over the agricultural equipment manufacturer's restrictions on repair resources. The stipulated order, if approved, will require Deere to provide farmers and independent repair providers with the same repair tools and technical resources available to authorized dealers for a period of ten years.

The U.S. Department of Justice (DOJ) has significantly escalated its antitrust investigation into Nvidia Corp., the world's leading AI chipmaker, by issuing subpoenas not only to Nvidia but also to third-party companies.

A federal court ruling against New York Presbyterian Hospital validates DOJ theories that market power can be proven through supracompetitive pricing rather than market share alone, and that exclusionary conduct is not required for antitrust claims. This decision expands potential antitrust exposure for hospital systems employing restrictive contracting practices like all-products provisions, anti-tiering terms, and gag clauses...

Major antitrust developments from August 2026 span multiple jurisdictions, including U.S. court rulings on oil price-fixing and printer cartridge restrictions, FTC quantum computing merger reviews...

The Federal Trade Commission’s 2024 amendments to the Negative Option Rule (commonly called “Click-to-Cancel”) may have been vacated by the Eighth Circuit for failing to comply with required rulemaking procedures...

Elon Musk's lawsuit against OpenAI and Microsoft has entered a critical second phase, shifting from questions about nonprofit mission betrayal to antitrust and competition law issues.

On August 7, 2026, the Delaware Court of Chancery ordered Verisk Analytics, Inc. to move forward with its purportedly terminated $2.35 billion proposed acquisition of AccuLynx.com.

This quarterly update examines key antitrust developments in life sciences during Q3 2026, including the FTC's investigation of Boston Scientific's $14.5 billion Penumbra acquisition, the DOJ's record $250 million HSR penalty against KKR, and European regulatory actions involving Sanofi and Align Technology. The analysis also explores the UK's pro-innovation approach to healthcare AI regulation and its implications for the medical device industry.

California's new Senate Bill 574 introduces statutory duties for attorneys using generative AI, including mandatory citation verification and court disclosure requirements starting January 1, 2027. The law raises critical questions about how these obligations extend to AI-assisted eDiscovery review and document summarization that feed into court filings.

This issue covers U.S. Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), and U.S. Health and Human Services (HHS) developments spanning inspections, enforcement, transparency, and emerging product categories. FDA’s drug center and inspections office have updated their framework for coordinating facility evaluations and inspections (ConOps 2.0), and FDA has changed how it processes post-approval facility withdrawals for New Drug Applications (NDAs) and Abbreviated New Drug Applications (ANDAs).

President Trump's Executive Order 14434 mandates federal agencies replace "artificial intelligence" with "super intelligence" in official communications...

This quarterly newsletter examines critical developments in chemical regulatory law, covering litigation outcomes that reshape EPA's authority under TSCA, landmark Supreme Court decisions on pesticide labeling preemption, and emerging state and international frameworks governing PFAS and other chemicals of concern. The edition analyzes how recent Fifth Circuit rulings on methylene chloride regulations may fundamentally alter EPA's approach to risk evaluations and management rules across its entire existing

The Italian data protection authority fined IQVIA Solutions Italy €7 million for treating patient records as anonymous when they were actually pseudonymised personal data subject to GDPR. This decision demonstrates regulators' strict interpretation of what constitutes personal data, even as the EU considers narrowing this definition through the Digital Omnibus reforms.

The FDA has finalized guidance on Prescription Drug Use-Related Software (PDURS), establishing how drug labeling authorities apply to software disseminated by pharmaceutical sponsors. This regulatory framework distinguishes between software essential to safe drug use and promotional applications, while clarifying submission requirements and clinical evidence standards for including software functions in FDA-approved prescribing information.

Generative AI is transforming litigation defense by enabling in-house legal teams to manage costs and complexity more effectively across the entire case lifecycle. From early research and drafting through expert witness strategy and trial preparation, AI tools are helping defense teams work faster and more consistently. How are these technologies reshaping the way sophisticated counsel approaches multidistrict litigation, mass torts, and large-scale document management?

The Federal Communications Commission has proposed sweeping changes to its equipment authorization program that would reorganize security restrictions around where devices are manufactured rather than who makes them. These new measures could fundamentally reshape how communications equipment—from smartphones to data center hardware—enters the U.S. market, with significant implications for manufacturers relying on foreign production.

The U.S. government simultaneously extended sanctions relief to Syria while launching an aggressive economic campaign against Iran, marking a stark divergence in approach to two long-standing sanctions programs. Treasury's actions include removing Syria's State Sponsor of Terrorism designation and delisting HTS, while initiating "Operation Economic Outcast" targeting five sectors of Iran's economy with expanded secondary sanctions. These coordinated moves demonstrate the administration's willingness to purs

The Federal Trade Commission has introduced stringent new requirements for parties using technology-assisted review or artificial intelligence in document production during investigations, mandating extensive upfront disclosures, prescriptive performance metrics, and validation processes. These requirements represent a significant departure from previous FTC practice and may discourage parties from using AI or TAR due to increased complexity and agency oversight. Parties now face critical decisions about wh